State v. Zabaleta

689 So.2d 1369 (1997) STATE of Louisiana v. Justino ZABALETA. No. 96-K-2449. Supreme Court of Louisiana. March 7, 1997. Granted. The portion of relator's sentence which provides for a jail term in the event of default of payment of a fine is vacated. An indigent person may not be incarcerated because he is unable to pay a fine which is part of his sentence. Bearden v. Georgia, 461 U.S. 660 , 103 S.Ct. 2064 , 76 L.Ed.2d 221 (1983). However, we note that La.C.Cr.P. art. 886 permits the state to enforce collection of a fine in the same manner as a money judgment in a civil case. State v. Conley, 570 So.2d 1161 (La.1990). KNOLL, J., not on panel; recused.